Paralegal Ethics

Question 1

…………………. are rules of professionalism that protect both paralegals and clients

Answer 1

Ethics

Question 2

In Texas, the legal ethics rules are called the …………………….

Answer 2

Texas Disciplinary Rules of Professional Conduct. (TDRPC)

Question 3

UPL is the ……………………………..

Answer 3

Unauthorized Practice of Law.

Question 4

In some cases, UPL is a ………………., as well as a ……………, offense.

Answer 4

criminal, civil

Question 5

You need to affirmatively say that you are a ……………. so that the client doesn’t get the impression that you are a lawyer, even without you saying so.

Answer 5

paralegal

Question 6

Give examples of UPL

Answer 6

1. representing that you are an attorney. 2.Telling someone what to do because you know what the lawyer would say 3. Filling out forms without direct supervision of attorne 4.Signing a letter or giving a message to a client from the lawyer that has legal advice without saying that the lawyer asked you to provide the information. 5.Telling someone what the law states 6. Interpreting the law for someone’s situation 7.Recommending what people should do in legal situations, other than recommending they talk to a lawyer; 8.Filling out, or helping someone else fill out, legal forms without direct lawyer supervision

Question 7

When you give legal advice or comment on what to do in particular situations or even giving common sense suggestions is a UPL?

Answer 7

yes

Question 8

Why should you avoid giving legal advice?

Answer 8

What you say might directly affect a person’s decision, which in turn may affect that person’s legal rights

Question 9

A client calls and you have been working with the client for several months on a case. He has a quick question and you know definitely what the lawyer would say. But the lawyer isn’t there and the client really needs an answer immediately.
What should you do?

Answer 9

Say you can not do it, to talk to a lawyer

Question 10

Your aunt tells you that she had a wreck. She was just sitting at a light and another car rear-ended her. She ended up with some medical bills and time off work and all she wants to know is:
“Do I have a case?”

Answer 10

Don’t give legal advice, even if it is family

Question 11

You told the attorney before he left and you reminded him earlier in the week, but now he is gone and you have to file an answer by 5:00. He has already reviewed it and it’s the same one he always uses anyway – just a general denial. You call him and he tells you to sign with permission.
Can you sign his name with permission?

Answer 11

No

Question 12

A person calls to say she has a wrongful termination case because she works in a small office and she was just fired because of her age. Her boss told her she was too old to do the work. Because there are only 5 employees, she doesn’t have a case. You explain that to her.
Any problem?

Answer 12

yes

Question 13

A caller says he is the guy in the news who was just arrested for murdering 12 people. You work for a criminal defense lawyer who does mostly high profile cases. He told you just that morning that he hoped this guy would call. The caller wants to know if the lawyer will take the case. You know for sure that he will so you say yes.
Problem?

Answer 13

As a paralegal we CAN’T accept cases.

Question 14

Accepting/rejecting clients can only be done by…………………

Answer 14

the attorney

Question 15

Can you quote a fee to a potential client?

Answer 15

no

Question 16

What should be indicated in a fee shedule?

Answer 16

that each situation is unique and the final decision on what fees to charge will be made by the attorney.

Question 17

A man stops by the office and says he was arrested for DWI. He wants to know how much the attorney charges for a DWI. The attorney isn’t there, but you know he always charges $750 if he pleads it out and $2500 if it goes to trial so you tell the guy that.
Problems?Are you allowed to do that?

Answer 17

no

Question 18

What are the Ethical Obligations of a paralegal?

Answer 18

Confidentiality
Avoiding Conflicts of Interest
Working under the Supervision of an Attorney
Competence
Reporting Ethical Violations

Question 19

Confidentiality is?

Answer 19

Any and all information a client provides, including the client’s name

Question 20

Give an example of conflict of interest

Answer 20

you to do work for a client if you have previously worked for an opposing party.

Question 21

If a firm hires a paralegal who has worked for opposing counsel or an opposing client, the entire firm will be notified that an ethical wall is to be erected around the paralegal so that no one may:

Answer 21

Discuss the case in the paralegal’s presence;
Allow the paralegal access to any documents, including keep files locked away from any cabinets s/he accesses; or
Engage in any discussions with the paralegal about her prior work on the case or work her previous firm may have done.

Question 22

Attorney must review any documents before they are filed. Mark them as……………………. until they are reviewed. Keep copies.

Answer 22

DRAFT

Question 23

Identify yourself as a ……………………… on all emails, letters, and phone calls to clients or other counsel.

Answer 23

paralegal

Question 24

Who should you copy on all emails to clients or other counsel.

Answer 24

your attorney

Question 25

A paralegal should be current on?

Answer 25

1. Legal knowledge 2.Technology

Question 26

What should a paralegal report to the attorney's supervisor?

Answer 26

Any unethical situation

Question 27

It is the paralegal’s responsibility to ............................ the attorney regarding the ethical limitations of a paralegal’s duties.

Answer 27

educate

Question 28

Do paralegals have clients?

Answer 28

no

Question 29

Occasionally, you might be asked to serve on a board or committee mainly because of your legal training. If so, you should ..................... the position.

Answer 29

decline

Question 30

What’s the difference between solicitation and advertising?

Answer 30

Advertisement is put up for everybody and solicitations is when you know someone has a problem and you go directly to that person

Question 31

May a paralegal sign a pleading by permission?

Answer 31

No.Not only is this unethical, but it also violates both a FRCP and a TRCP.

Question 32

May a paralegal sign a certificate of service?

Answer 32

No. The only person who may sign a certificate of service by permission is another licensed attorney.

Question 33

Can a paralegal sign on a block on a firm letter?

Answer 33

A paralegal who is supervised by an attorney may sign a letter on the firm’s letterhead with the proper signature block.

Question 34

What must a letter contain to be ok for a paralegal to sign it?

Answer 34

the paralegal’s name and title

Question 35

If someone just assumes that a paralegal is an attorney, what does the paralegal has to do?

Answer 35

the paralegal have to correct that assumption.Not to correct this assumption could expose the paralegal to charges of UPL, which is a crime.

Question 36

May a paralegal reveal confidential information?

Answer 36

No, never

Question 37

If a paralegal is traveling for one client And works on another client’s file while on the plane, may both clients be billed for that time?

Answer 37

No, that is double billing and is tantamount to stealing

Question 38

is it all right for the paralegal to bill for the time if someone else works on the file?

Answer 38

It is unethical to charge a client for work not performed by the person billing for the work.

Question 39

What documents may a paralegal sign?

Answer 39

Correspondence, including email correspondence, if no legal advice is given and the paralegal’s name, title, and either the firm name or the supervising attorney’s name are included. Correspondence from an attorney by permission if no legal advice is given and the paralegal’s title is clearly indicated

Question 40

You cannot make substantive agreements that affect the case such as............................

Answer 40

settlement or plea agreements

Question 41

May I make an agreement with opposing counsel?

Answer 41

if it is about scheduling time and place, or extension for discovery and if your attorney asks you to do so, YES

Question 42

When might a paralegal accept a referral fee?

Answer 42

Never

Question 43

accepting a referral fee from an attorney may be considered a...................

Answer 43

felony

Question 44

When may a paralegal solicit clients?

Answer 44

never

Question 45

Is an attorney signature stamp the same as signing with permission?

Answer 45

yes

Question 46

What is the paralegal’s duty to report UPL?

Answer 46

Paralegals should report violations up the chain where they work. duty to report such behavior to the appropriate authorities.